HB 987 2022
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hb0987-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to in -person visitation by essential 2
caregivers; creating ss. 393.131, 400.026, and 3
429.276, F.S.; defining the term "essential 4
caregiver"; providing that a resident or client of a 5
residential facility, a developmental disabilities 6
center, a direct service provider, a nursing home 7
facility, or an assisted living facility has the right 8
to designate an essential caregiver; prohibiting such 9
facilities, centers, and providers from prohibiting 10
in-person visitation by a designated essential 11
caregiver; requiring the Agency for Persons with 12
Disabilities and the Agency for Health Care 13
Administration, as applicable, to develop guidelines 14
to assist facilities, centers, and providers in 15
establishing certain visitation policies and 16
procedures; providing r equirements for such 17
guidelines; authorizing facilities, centers, and 18
providers to revoke an individual's designation as an 19
essential caregiver under certain circumstances; 20
prohibiting safety protocols adopted for essential 21
caregivers from being more strin gent than safety 22
protocols established for staff of a facility, center, 23
or provider; authorizing facilities, centers, and 24
providers to suspend visits by essential caregivers 25
HB 987 2022
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hb0987-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for a specified period under certain circumstances; 26
authorizing facilities, center s, and providers to 27
submit a request to the applicable agency for an 28
extension of such suspension; prohibiting an extension 29
from exceeding a specified number of days; requiring 30
facilities, centers, and providers to submit a 31
separate request for each extens ion; providing 32
construction; providing for preemption; providing for 33
rulemaking; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Section 393.131, Florida Statutes, is created 38
to read: 39
393.131 Essential caregivers; in -person visitation.— 40
(1) As used in this section, the term "essential 41
caregiver" means a family member, friend, guardian, or other 42
individual designated by a resident or client of a residential 43
facility, including, but not limited t o, an intermediate care 44
facility for the developmentally disabled; a developmental 45
disabilities center; or a direct service provider for in -person 46
visits. 47
(2)(a) A resident or client of a residential facility, a 48
developmental disabilities center, or a di rect service provider, 49
or his or her guardian or legal representative, has the right to 50
HB 987 2022
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hb0987-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
designate an essential caregiver. A facility, center, or 51
provider may not prohibit in -person visitation by a resident's 52
or client's designated essential caregiver. 53
(b) Notwithstanding paragraph (a), the agency shall, by 54
rule, develop guidelines to assist residential facilities, 55
developmental disabilities centers, and direct service providers 56
in establishing essential caregiver visitation policies and 57
procedures. The guidelines must require facilities, centers, and 58
providers to do all of the following: 59
1. Allow a resident or client, or his or her guardian or 60
legal representative, to designate an essential caregiver for 61
in-person visitation in the same manner that a res ident or 62
client would designate a power of attorney. 63
2. Establish a visitation schedule allowing the essential 64
caregiver to visit the resident or client for at least 2 hours 65
each day. 66
3. Establish procedures to enable physical contact between 67
the resident or client and essential caregiver. 68
4. Obtain the signature of the essential caregiver 69
certifying that the caregiver agrees to follow the facility's, 70
center's, or provider's safety protocols, as applicable, and any 71
other rules adopted under this secti on. 72
5. Establish a visitor's log. 73
(c) A residential facility, developmental disabilities 74
center, or direct service provider may revoke an individual's 75
HB 987 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
designation as an essential caregiver if the caregiver violates 76
the facility's, center's, or provider 's safety protocols or 77
rules adopted under this section. The safety protocols adopted 78
by the facility, center, or provider for an essential caregiver 79
may not be more stringent than the safety protocols established 80
for the staff of the facility, center, or provider. 81
(d) A residential facility, developmental disabilities 82
center, or direct service provider may suspend visits by 83
essential caregivers for no more than 7 days if in -person 84
visitation poses a serious health risk to the residents or 85
clients of the facility, center, or provider. A facility, 86
center, or provider may submit a request to the agency for an 87
extension to suspend in -person visitation for more than 7 days. 88
However, any extension approved by the agency may not exceed a 89
period of 7 days. A faci lity, center, or provider must submit a 90
separate request for each extension. 91
(3) This section does not require an essential caregiver 92
to provide necessary care to a resident or client of a 93
residential facility, developmental disabilities center, or 94
direct service provider and such facility, center, or provider 95
may not require an essential caregiver to provide necessary care 96
to the resident or client. 97
(4) This section prevails over any conflicting or 98
inconsistent provisions of law. 99
(5) The agency shall adopt rules to implement this 100
HB 987 2022
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section. 101
Section 2. Section 400.026, Florida Statutes, is created 102
to read: 103
400.026 Essential caregivers; in -person visitation.— 104
(1) As used in this section, the term "essential 105
caregiver" means a family member, f riend, guardian, or other 106
individual designated by a resident for in -person visits. 107
(2)(a) A resident of a nursing home facility, or his or 108
her guardian or legal representative, has the right to designate 109
an essential caregiver. A facility may not prohib it in-person 110
visitation by a resident's designated essential caregiver. 111
(b) Notwithstanding paragraph (a), the agency shall, by 112
rule, develop guidelines to assist nursing home facilities in 113
establishing essential caregiver visitation policies and 114
procedures. The guidelines must require the facilities to do all 115
of the following: 116
1. Allow a resident, or his or her guardian or legal 117
representative, to designate an essential caregiver for in -118
person visitation in the same manner that a resident would 119
designate a power of attorney. 120
2. Establish a visitation schedule allowing the essential 121
caregiver to visit the resident for at least 2 hours each day. 122
3. Establish procedures to enable physical contact between 123
the resident and essential caregiver. 124
4. Obtain the signature of the essential caregiver 125
HB 987 2022
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certifying that the caregiver agrees to follow the facility's 126
safety protocols and any other rules adopted under this section. 127
5. Establish a visitor's log. 128
(c) A nursing home facility may revoke an individual 's 129
designation as an essential caregiver if the caregiver violates 130
the facility's safety protocols or rules adopted under this 131
section. The safety protocols adopted by a nursing home facility 132
for an essential caregiver may not be more stringent than safety 133
protocols established for the facility's staff. 134
(d) A nursing home facility may suspend visits by 135
essential caregivers for no more than 7 days if in -person 136
visitation poses a serious health risk to the facility's 137
residents. A facility may submit a reque st to the agency for an 138
extension to suspend in -person visitation for more than 7 days. 139
However, any extension approved by the agency may not exceed a 140
period of 7 days. A facility must submit a separate request for 141
each extension. 142
(3) This section does n ot require an essential caregiver 143
to provide necessary care to a resident and a nursing home 144
facility may not require an essential caregiver to provide 145
necessary care to the resident. 146
(4) This section prevails over any conflicting or 147
inconsistent provisi ons of law. 148
(5) The agency shall adopt rules to implement this 149
section. 150
HB 987 2022
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Section 3. Section 429.276, Florida Statutes, is created 151
to read: 152
429.276 Essential caregivers; in -person visitation.— 153
(1) As used in this section, the term "essential 154
caregiver" means a family member, friend, guardian, or other 155
individual designated by a resident for in -person visits. 156
(2)(a) A resident of an assisted living facility, or his 157
or her guardian or legal representative, has the right to 158
designate an essential car egiver. A facility may not prohibit 159
in-person visitation by the resident's designated essential 160
caregiver. 161
(b) Notwithstanding paragraph (a), the agency shall, by 162
rule, develop guidelines to assist assisted living facilities in 163
establishing essential car egiver visitation policies and 164
procedures. The guidelines must require the facilities to do all 165
of the following: 166
1. Allow a resident, or his or her guardian or legal 167
representative, to designate an essential caregiver for in -168
person visitation in the sam e manner that a resident would 169
designate a power of attorney. 170
2. Establish a visitation schedule allowing the essential 171
caregiver to visit the resident for at least 2 hours each day. 172
3. Establish procedures to enable physical contact between 173
the resident and essential caregiver. 174
4. Obtain the signature of the essential caregiver 175
HB 987 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0987-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certifying that the caregiver agrees to follow the facility's 176
safety protocols and any other rules adopted under this section. 177
5. Establish a visitor's log. 178
(c) An assisted living facility may revoke an individual's 179
designation as an essential caregiver if the caregiver violates 180
the facility's safety protocols or rules adopted under this 181
section. The safety protocols adopted by an assisted living 182
facility for an essen tial caregiver may not be more stringent 183
than safety protocols established for the facility's staff. 184
(d) An assisted living facility may suspend visits by 185
essential caregivers for no more than 7 days if in -person 186
visitation poses a serious health risk to the facility's 187
residents. A facility may submit a request to the agency for an 188
extension to suspend in -person visitation for more than 7 days. 189
However, any extension approved by the agency may not exceed a 190
period of 7 days. A facility must submit a separa te request for 191
each extension. 192
(3) This section does not require an essential caregiver 193
to provide necessary care to a resident and an assisted living 194
facility may not require an essential caregiver to provide 195
necessary care the resident. 196
(4) This section prevails over any conflicting or 197
inconsistent provisions of law. 198
(5) The agency shall adopt rules to implement this 199
section. 200
HB 987 2022
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Section 4. This act shall take effect July 1, 2022. 201